Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-10

APPLICATION FOR PATENT.

returned, but must be TRANSMITTED 10 tbs nu of
vral Land ONCE. Nea
An application will be rejected when the
scription OF the premises ia erroneous or
sufficient.
cause: " 70
knowledge Of the Register,
ia notice was not published in A
claim.
Third-Rocord title was found defective.
Fourth--A previous application had hse,
made for the same premises, which was with
drawn pending a suit in Court Commenced h.
the adverse claimant.
An application for patent will he reiao,.,
when the survey does not accurately desns 90
boundaries OF the claim.
Where the claim was not located In acoo,d.
ance with law.
Where several parties W separate and Az.
tinct portions of = claim, Application ~
patent may be made by either for Ia At morrill,
OF the claim owned by him: but yhe,s so.ss.i
parties own undivided interests 10 . minsns
claim all should join In al application for
patent.
A person or association may purchaaa !.
many placer loesiions as the local law adm,ts
and embrace them all In one application for =
patent.
Two or more lodes cannot be emhr.oas a.
one application for q patent except for place.
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing TO act es 9 deputy for the Register and Rs.
ceiver cannot be recorded as evidence.
In all patents for mining claims situ.tad
within the interior boundaries of A town size
3 clause is inserted excepting and excludinS
all town property, rights upon the surfsce
and all houses, buildings, structures lots
| blocks, streets, alleys or other municipaI I'm
provements not belonging to the grantee he,a.
In. and all rights necessary or proper 10 the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made n on,v
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspaper 60 days must elapse between the
hrst and last insertions.
Where the Register designateg thedstlytssua
Of q newspaper for publication Of notices Of q
mining application for patent ii is lot = com
pliance witt law to change TO the weekly eei.
tion OF the same paper without authority VI
the Register.
The existence Of o salt spring on 9 tract OF
land withdrAws 1T from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 8 separate and
distinct claim against each application which
" 4 hiieBtu CpluiGls Win the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled,
cannot be Withdrawn, but becomes q part OF the
record.
When an adverse claim has been filed IT can.
not be amended so as TO embrace 4 larger per.
ton OF the premises than that d described Ia the
original adverse claim.
An adverse claim must be made out in
proper form and fIed in the proper local Office
during the period of publication Of the appli.
cation for the patent to be effective.
1t ia the duty of the adverse claimant o
commence suit in proper form within the re-
CURED time. and If he trusts the Uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result %
the cor supt or dishonest action of his attorney,
the interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody-
ing conclusions of law, without stating the
facts specially, Will not be considered in evil
dence.
An adverse clalmant should show q compli.
ance with the local laws In recording his claim
and in regard to expenditures. and shall nle a
copy Of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to q suit that they
compose the company Is sufficient, and they
are not required 10 prove tHat they VI tno
original locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is Of little. If any value. for sgri.
cultural purposes, but is essential to the
proper development Of mining claims, 1t
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled 81 any time
prior to issuance of pstent, upon satisfactory
evidence OF the existence Of such valuable dc.
posits.
Where valuable deposits of mineral are dis.
covered upon u tract sfter the samt has been
en- tered as agricultural, but before I Aent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled .
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an Agricultural claimant, they pass
with the patent,
Agricultural College scrip cannot be
ceived In payment for claims.
foreigner may make a mining location
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof that me
party was not q citizen before disposi ng OF MS
claim must be afirmatiyely shown.
Locators and intermediate owners, oils
IMAM applicants, Will NOT De preBumeu ~
in the absence Of allegation or objection pil0i
to issuance Of patent.
The portion of q mining claim SOLD o.
alien cannot be patented while such owhel.
an alien; but on his declarAtioni 0 become
citizen his right dates back to his purcnAso,
aud he may thereupon secure United s'a'e'
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1896: .
Where two or moro lodges cross or ihtefsssSs
each other. priority OF title shall govern, =
such prior location shall be entitled TO az vas
or mineral contsined within the space OF me-
section, but the subsequent location snail ns,.
the right OF way through the space OF I'M y
section for the purpose of the conven liza
working OF the mine. And where W or III Iii
veins unite the oldest OF prior locaton sn o..
take the vein below the point OF union' -
GLIDING all the space Of intersection.
TUNNELS.
There Is no authority of law for q funne,
location 5000 by 800 feet. A proper iSsaAo
Is the width of the tunnel for 5000 feet' c
There 10 no provision OF law Tor psten.s
tunnel locations, but lodes discovered IN run
ming q tunnel may be patented In like msnD0'
as other lodes. IN
The right Is granted to tunnel owners 10
1 zoo feet of each blind lode, not prevlous.y